Final Regulations
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
AUCTIONEERS BOARD
Title of Regulation: 18VAC 25-10. Public Participation Guidelines (amending 18VAC 25-10-10 through 18VAC 25-10-50, and 18VAC 25-10-90).
Statutory Authority: §§2.2-4007 and 54.1-602 of the Code of Virginia.
Effective Date: July 3, 2003.
Agency Contact: Marian H. Brooks, Regulatory Board Administrator, Department of Professional and Occupational Regulation, 3600 W. Broad Street, Richmond, VA 23230, telephone (804) 367-8514, FAX (804) 367-2475 or e-mail .
Summary:
The amendments allow the board to accept requests to be placed on a notification list, and to notify PPG list members, via electronic means. Currently, only written requests and mailed notifications are permitted. The amendments also update statutory references.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
REGISTRAR'S NOTICE: The proposed regulation was adopted as published in 18:24 VA.R. 3229-3230 August 12, 2002, with the changes identified below. Pursuant to §2.2-4031 A of the Code of Virginia, the adopted regulation is not published at length; however, the sections that have changed since publication of the proposed are set out.
18 VAC 251010. [ No change from proposed. ]
18 VAC 251020. [ No change from proposed. ]
18 VAC 251030. Placement on the mailing list; deletion.
Any person wishing to be placed on the mailing a notification list may do so by electronic notification or by writing the agency. In addition, the agency at its discretion, may add to the list any person, organization, or publication it believes will serve the purpose of responsible participation in the formation or promulgation of regulations. Persons on the list will be provided all information stated in 18 VAC 251020. Individuals and organizations periodically may be requested to indicate their desire to continue to receive documents or be deleted from the list. When mail [ or electronic notifications is are ] returned as undeliverable, individuals and organizations will be deleted from the list. [ When electronic notifications are returned as undeliverable over more than one day, individuals and organizations will be deleted from the list. ]
18 VAC 251040. [ No change from proposed. ]
18 VAC 251050. [ No change from proposed. ]
18 VAC 251090. [ No change from proposed. ]
VA.R. Doc. No. R01-226; Filed May 14, 2003, 10:12 a.m.
BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Title of Regulation: 18VAC 65-20. Regulations of the Board of Funeral Directors and Embalmers (amending 18VAC 65-20-70, 18VAC 65-20-130, 18VAC 65-20-140, and 18VAC 65-20-500; adding 18VAC 65-20-151, 18VAC 65-20-152, 18VAC 65-20-153, and 18VAC 65-20-154; repealing 18VAC 65-20-150).
Statutory Authority: §§54.1-2400 and 54.1-2816.1 of the Code of Virginia.
Effective Date: July 2, 2003.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 6603 W. Broad Street, Richmond, VA 23230, telephone (804) 662-9918, FAX (804) 662-9114 or e-mail .
Summary:
The amendments establish continuing education requirements for funeral service licensees, funeral directors and funeral embalmers in compliance with Chapter 270 of the 2002 Acts of Assembly. The proposed amendments (i) require each licensee to take a minimum of five hours of continuing education provided by a board-approved continuing education provider, (ii) set forth approved continuing education providers and criteria for approval of continuing education providers, and (iii) provide for extensions or waivers of the requirements.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.
REGISTRAR'S NOTICE: The proposed regulation was adopted as published in 19:8 VA.R. 1169-1177 December 30, 2002, with the additional changes shown below. Therefore, pursuant to § 2.2-4031 A of the Code of Virginia, the text of the final regulation is not set out at length; however, the changes from the proposed regulation are printed below.
18VAC 652070. [ No change from proposed. ]
18VAC 6520130. [ No change from proposed. ]
18VAC 6520140. [ No change from proposed. ]
18VAC 6520150. [ No change from proposed. ]
18VAC 65-20-151. [ No change from proposed. ]
18VAC 65-20-152. Continuing education providers.
A. Unless disqualified by action of the board, courses offered by the following providers are approved for continuing education credit:
1. Local, state or federal government agencies;
2. Regionally accredited colleges and universities; or
3. Board-recognized national, regional, state and local associations or organizations as follows:
a. National Funeral Directors Association and state chapters;
b. National Funeral Directors and Morticians Association and state chapters;
c. [ Association of ] Independent Funeral Homes [Association ] of Virginia;
d. Cremation Association of North America;
e. American Board of Funeral Service Education;
f. International Conference of Funeral Service Examining Boards; [ and ]
g. [ Virginia Morticians Association; and
h. ] Other similar associations or organizations as approved by action of the board.
B. Course providers not listed in subsection A of this section may apply for approval by the board as continuing education providers.
1. To be considered for board approval, a continuing education provider shall submit 60 days prior to offering a continuing education course:
a. Documentation of an instructional plan and course objectives for continuing education courses that meet the criteria set forth in 18VAC 65-20-151 B;
b. A syllabus of the course or courses to be offered with the credentials of the course instructors, a description of each session, including number of continuing education hours; and
c. The continuing education provider fee set forth under 18VAC 65-20-70.
2. Board approval of continuing education providers under this subsection shall expire on July 1 of each year and may be renewed upon resubmission of documentation on courses and instructors and the provider fee as required by the board.
3. Continued approval of a continuing education provider may be granted without submission of the provider fee if the provider submits a statement that courses and instructors offered for the coming year will not change from the previous year. If there will be additions or alterations to the continuing education offerings of a provider, resubmission of documentation and a provider fee is required.
C. Continuing education providers approved under subsection A or B or this section shall:
1. Maintain and provide to the board upon request documentation of the course titles and objectives and of licensee attendance and completion of courses for a period of three years;
2. Monitor attendance at classroom or similar educational experiences for compliance with law and regulations; and
3. Provide a certificate of completion for licensees who successfully complete a course.
18VAC 65-20-153. [ No change from proposed. ]
18VAC 65-20-154. [ No change from proposed. ]
18VAC 6520500. [ No change from proposed. ]
FORMS. [ No change from proposed. ]
VA.R. Doc. No. R02-73; Filed May 12, 2003, 10:12 a.m.
DEPARTMENT OF HEALTH PROFESSIONS
Title of Regulation: 18VAC 76-30. Public Participation Guidelines (adding 18VAC 76-30-10 through 18VAC 76-30-120).
Statutory Authority: §2.2-4007 of the Code of Virginia.
Effective Date: July 2, 2003.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 6603 W. Broad Street, Richmond, VA 23230, telephone (804) 662-9918, FAX (804) 662-9114 or e-mail .
Summary:
The regulations provide guidelines for public participation in the regulatory process of the department and are intended to enable electronic communication, notification and comment in the development of regulations. The regulations provide for notification lists, documents required to be sent to those on the lists, requirements for petitioning the department to begin rulemaking, notices and hearings required for each stage of the process, and the appointment and duration of advisory committees formed to address a specific regulatory issue.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
REGISTRAR'S NOTICE: The proposed regulation was adopted as published in 19:8 VA.R. 1177-1180 December 30, 2002, without change. Therefore, pursuant to §2.2-4031 A of the Code of Virginia, the text of the final regulation is not set out.
VA.R. Doc. No. R02-261; Filed May 12, 2003, 10:07 a.m.
BOARD OF MEDICINE
Title of Regulation: 18VAC 85-20. Regulations Governing the Practice of Medicine, Osteopathy, Podiatry, and Chiropractic (amending 18VAC 85-20-280, 18VAC 85-20-290, and 18VAC 85-20-300; adding 18VAC 85-20-285).
Statutory Authority: §§54.1-2400 and 54.1-2910.1 of the Code of Virginia.
Effective Date: July 2, 2003.
Agency Contact: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 6603 W. Broad Street, Richmond, VA 23230, telephone (804) 662-9918, FAX (804) 662-9114 or e-mail .
Summary:
The amendments conform the regulation to amendments to § 54.1-2910.1 of the Code of Virginia as amended by Chapter 38 of the 2002 Acts of Assembly relating to the data required for the profiles of doctors of medicine, osteopathy, and podiatry. The amendments (i) require telephone numbers for primary and secondary practice settings to be included in the practitioner profile in addition to the addresses; (ii) remove the mandatory reporting of insurance participation while allowing voluntary reporting of this information; (iii) add the requirement of reporting translating services at secondary practice settings in addition to primary practice settings; (iv) specify that a doctor must report any felony conviction; (v) require information on final disciplinary orders from a regulatory board of another jurisdiction or a disciplinary action taken by a federal health institution or agency; (vi) require the posting of adjudicated orders and notices or decision documents that are subject to public disclosure in §54.1-2400.2 D of the Code of Virginia; (vii) require doctors to provide e-mail addresses or facsimile numbers for the sole purpose of expediting the dissemination of information about a public health emergency, although this information will not be published on the profile or released to the public; and (vii) amend the requirements for reporting malpractice paid claims by requiring the doctor to report the specialty in which he was practicing at the time the claim was paid and changing the statistical method used to rate paid claims.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
REGISTRAR'S NOTICE: The proposed regulation was adopted as published in 19:10 VA.R. 1480-1484 January 27, 2003, with the additional changes shown below. Therefore, pursuant to § 2.2-4031 A of the Code of Virginia, the text of the final regulation is not set out at length; however, the changes from the proposed regulation are printed below.
18VAC 8520280. Required information.
A. In compliance with requirements of §54.12910.1 of the Code of Virginia, a doctor of medicine [ or osteopathy ,osteopathic medicine, ] or [ a doctor of ] podiatry licensed by the board shall provide, upon initial request or whenever there is a change in [ what the information that ] has been entered on the profile, the following information within 30 days:
1. The address and telephone number of the primary practice setting and all secondary practice settings with the percentage of time spent at each location;
2. Names of medical, osteopathic or podiatry schools and graduate medical or podiatric education programs attended with dates of graduation or completion of training;
3. Names and dates of specialty board certification, if any, as approved by the American Board of Medical Specialties, the Bureau of Osteopathic Specialists of the American Osteopathic Association or the Council on Podiatric Medical Education of the American Podiatric Medical Association;
4. Number of years in active, clinical practice in the United States or Canada following completion of medical or podiatric training and the number of years, if any, in active, clinical practice outside the United States or Canada;
5. The specialty, if any, in which the physician or podiatrist practices;
6. Names of insurance plans accepted or managed care plans in which the physician or podiatrist participates and whether he is accepting new patients under such plans;
7. 6. Names of hospitals with which the physician or podiatrist is affiliated;
8. 7. Appointments within the past 10 years to medical or podiatry school faculties with the years of service and academic rank;
9. 8. Publications, not to exceed 10 in number, in peerreviewed literature within the most recent fiveyear period;
10. 9. Whether there is access to translating services for nonEnglish speaking patients at the primary and secondary practice [ setting settings ] and which, if any, foreign languages are spoken in the practice; and
11. 10. Whether the physician or podiatrist participates in the Virginia Medicaid Program and whether he is accepting new Medicaid patients.;
11. A report on felony convictions including the date of the conviction, the nature of the conviction, the jurisdiction in which the conviction occurred, and the sentence imposed, if any; and
12. Final orders of any regulatory board of another jurisdiction that result in the denial, probation, revocation, suspension, or restriction of any license or that results in the reprimand or censure of any license or the voluntary surrender of a license [ while under investigation ] in a state other than Virginia while under investigation, as well as any disciplinary action taken by a federal health institution or federal agency.
B. The physician or podiatrist may provide additional information on hours of continuing education earned, subspecialties obtained, and honors or awards received.
C. Whenever there is a change in the information on record with the physician profile system, the practitioner shall provide current information in any of the categories in subsection A of this section within 30 days of such change.
B. Adjudicated notices and final orders or decision documents, subject to §54.1-2400.2 D of the Code of Virginia, shall be made available on the profile. Information shall be posted indicating the availability of unadjudicated notices and of orders that [ are subject to being vacated at the request of the practitioner have not yet become final ].
C. For the sole purpose of expediting dissemination of information about a public health emergency, an email address or facsimile number shall be provided, if available. Such addresses or numbers shall not be published on the profile and shall not be released or made available for any other purpose.
18VAC 85-20-285. [ No change from proposed.]